Could Free Trade Agreements be a effective instrument to regulate climate change mitigation measure in the context of missing a comprehensive multilateral instrument?
The recent century is featured with the expansion of the international trade in the global scale. The development of the trade legislation and increase of the volumes of import and export relations between the countries gives rise to the question as to whether globalization of international trade affects the spread of the climate changes. In this regard, the majority of the experts in trade sphere consider the role of the World Trade Organization in the mitigation of the effects of the trade over the climate change. With that, this research dwells on the consideration of the effectiveness of the free trade agreements as the valuable instruments in regulation of the climate change. The climate change issue represents one of the most crucial social challenges that should be addressed today by the international community. The World Trade Organization plays the role of the element in the structure of multilateral cooperation between the states and business units. This organization ensures the existence of global forum where the countries may negotiate measures for the preservation of human values and welfare. It should be said that issue around spread of climate changes is not referred to the primary activity of the WTO as there are no internal legal instruments that may address the climate change. Besides, the interference of the WTO in the resolution of this problem is highly important due to the close interaction of the international trade with the increase of gas emissions. The experts of the international trade where the governance of the WTO prevails stand to the position that the facilitation of free trade agreements between the country should contribute to the activity devoted to the mitigation of the climate change consequences. In fact, the signature of the free trade agreements may assist in the adaptation to the climate change by virtue of proper allocation of the entire amount of the resources within different regions. Based on this statements, the WTO is regarded as efficient manager which has relevant experience in observation of the usage of the resources by the countries and their further exchange for the improvement of the living standards of the population. In addition, the promotion of the free trade agreements under the premises of the World Trade Organization is regarded as the most relevant option for the states as the local instruments may have influence over the flow of international trade falling within the scope of WTO activity and legislation. Furthermore, the WTO may ensure the high level of transparency in its actions so that openness of the trade in relation to climate change issue may be governed on permanent basis by this organization (Condon).
Significance of the research topic
In fact, this research is significant in evaluation the role of the WTO in the mitigation the consequences of the climate change. Given the fact that business units are the direct subjects of trade in the world, the interference of this organization is a must. Simultaneously, this sphere of the research field is relatively new and lacks specific information as experts in international trade just proceed to the analysis of the perspective usage of free trade agreements for the mitigation of the climate change under the lieu of the World Trade Organization. The experience of the WTO confirms to to the international community that this organization is familiar with the measures and policies that should be taken for the efficient resolution of particular problem. In addition, the former Director-General of the WTO highlighted that multinational activity may assist in the elaboration of the measures for the resolution of the climate change while the counties can no decided this issue on solely basis. In fact, any jurisdiction may adopt internal policies for the limitation of the flow of the products with higher rate of the emissions due to the production of these goods. However, the unilateral policy of the member states should be deliberately considered in order to comply with the legislation of the WTO. In this regard, the reasonable solution is seen in the development of the unilateral agreements that will be adopted by the international community for the exercising the control of the all jurisdictions in terms of the climate change. At the same time, the WTO gives rise to certain impediments. The process of the elaboration of new instruments within WTO is long-lasting period while the negotiations may take decades for the further adoption of the agreement. In this regard, the members of the organization develop new mechanism that will allow them to foster the process of the adoption of the legislation as problem of climate change poses huge risks to the welfare of the communities. Furthermore, this issue can not be addressed in relation to the actions of specific country as member of the WTO as issue of climate change influences the welfare of the population of the world (Schram stokke 339-357).
Given the fact that majority of the countries as members of the WTO has the objective to liberalize the trade between the states, the increasing access to the further exploitation of the natural resources should be expected. In this regard, the leaders of the states stand in front of crucial social dilemma. From one perspective, the liberalization of the trade is necessary for the improvement of the living of the local population which is dependent on the flow of import and export transactions taking place in the international arena between the countries. In contrast, the other side of the problem is referred to the fact that liberalization of trade fosters the appearance of the climate shifts. Therefore, the countries should opt out for the priorities in its policies and obligations before the society. The contribution of the trade to the climate change can not be disregarded. In particular, the global trade affects directly the volume of the emission and level of the pollution across the world. This assumption is grounded on the fact that companies take steps for the improvement its production facilities for the further increase of the volumes of realization of goods and services. Consequently, the emissions out of production is increasing as well. However, it is necessary to state that the countries have relevant obligations under such international legal instruments as Kyoto Protocol. This piece of the legislation imposes the obligation over the members to this document to decrease the amount of the emissions taking place within the territory of every country. At the same time, some companies recognize the importance of the climate change and accept the fact that business units should assist to the state officials in the realization of the obligations in terms of climate change issues. This statement implies that several companies cooperate with state officials for the implementation of environmental business strategies having the aim to draw attention of the population to the problems of the climate change. This approach exists in such jurisdictions as the United Kingdom, the United States so that countries may maintain the flow of the international trade under the rules of WTO and obligations in correspondence to Kyoto Protocol (Droege 524-526).
Despite the fact that the WTO does not have the direct internal rules that may govern the activity of the business units in terms of the climate change, there are several instruments used by this organization for the exercising the control over this sphere. In fact, the members of the organization are familiar with non-tariff barriers which exist within non-agricultural market access part. Moreover, the organization creates relevant conditions for the liberalization of trade for the promotion of the environmental goods and services produces in certain locations. From one point of view, one may presume that this approach of the WTO is in contradiction with the primary principles of the organization as all goods and services should be treated equally. However, the states manage to state within reasonable limits for the facilitation the import and export of environmentally friendly goods in order to attract more countries to support this initiative and pay more attention to the problem of climate change (Zhang). Meanwhile, the climate change is the crucial event for the entire population of the world as it has already caused significant harm to the environment while the state officials should not ignore this fact. There is no need to await for the occurrence of the environmental disaster while the interaction between global trade and environmental measures are evident. Being the manager of the multinational cooperation in trade regulation the WTO should play the role of the suitable mechanism for the advancement of this social issue. The affirmation of the role of the WTO as the evident manager of the free trade agreements for the addressing climate change is confirmed with the existence of such notion as most-favoured nation principle. This pillar of the WTO provides the state members with the opportunity to create trade benefits for the participants of climate change movement as the policy priority for the members. In addition, this principle of trade relations between the states may be treated as the incentive-based framework where the country should take measures for the limitation climate change (Dey).
Purpose of study at PhD program devoted to WTO and trade law
The enrollment to PhD program on the trade law will provide me with the opportunity to deep in the relevant field of the research of the issue of climate change in terms of liberalization global trade between the countries. This educational program will contribute to the personal understanding of impact of such notions of the WTO trade system as MFN principle, national treatment and their perspective application to the relations between the states regarding climate change. Given the fact that my research proposal addresses the issues of the development and introduction of the border carbon adjustments that should be linked to market access and non-discrimination measures within the WTO trade system, I personally expect that experienced professionals will be able to provide me with understanding of the proper functioning of the organization in this dimension. I presume that upon finalization of this educational program I will get the opportunity to realize this research field in reality with the purpose to improve the situation around the climate change issue. This approach will benefit the welfare of the population across the world, while the liberalization of the trade between the countries will remain stable. In addition, this particular educational program is referred to the specific major where the students are able to get knowledge about the DSB and measures of the interpretation of the WTO instruments. I believe that this knowledge will play crucial role in further support of the development of the mechanisms under the lieu of the WTO in order to address the issue of climate change under the free trade agreements signed between the states.
Connection of research paper to PhD program
I have conducted deliberate research as to the notion of climate change and free trade agreements as the instruments of WTO for the regulation of particular sphere of activity of business units. Passing through the education at this PhD program will provide me with the opportunity to discuss research proposal with the experts in this sphere and contribute to this filed of study in order to assist to the resolution of the significant social problem. The development of the special multilateral agreement for the realization of the border carbon adjustments is seemed to be the most appropriate solution for the decrease of the retaliation among the countries. In this regard, I expect to obtain confirmation that this research study is made in the proper way in order to raise the awareness of the society to the urgency of this issue. Besides, I realize that WTO as the international multilateral organization have a diversified sphere of activity and have the range of internal policy instruments. With that, the negotiation of new agreement regarding climate change issue may take several years in order to comply with all pillars of trade system as MFN, market access, obligations of the members to each other. However, I am reaffirmed that past efforts will bring its result upon the finalization of this program with continuation of the research field.
Works Cited
Condon, Bradly J. "Climate Change And Unresolved Issues In WTO Law". SSRN Electronic Journal n. pag. Web.
Dey, Dipankar. "Combating Climate Change: Need For A Separate Agreement Under WTO". SSRN Electronic Journal n. pag. Web.
Droege, Susanne. "The Challenge Of Reconciliation: Climate Change, Development, And International Trade". Climate Policy 12.4 (2012): 524-526. Web.
Schram stokke, Olav. "Trade Measures And Climate Compliance: Institutional Interplay Between WTO And The Marrakesh Accords". Int Environ Agreements 4.4 (2004): 339-357. Web.
Zhang, ZhongXiang. "Multilateral Trade Measures In A Post-2012 Climate Change Regime?: What Can Be Taken From The Montreal Protocol And The WTO?". SSRN Electronic Journal n. pag. Web.
